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HomeMy WebLinkAbout2013_03_27 Zoning Board of Appeals Minutes THE MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE TOWN OF MAMARONECK MARCH 27, 2013 HELD IN CONFERENCE ROOM C, OF THE TOWN OF MAMARONECK 740 WEST BOSTON POST ROAD, MAMARONECK, NEW YORK AGENDA APPROVAL OF MINUTES APPLICATION NO. 1 CASE NO. 2924 Peter Kinsman Adjourned Application of Peter Kinsman requesting a variance to legalize an air conditioning unit on the premises located at 5 Kenmare Road and known on the Tax Assessment Map of the Town of Mamaroneck as block 409, Lot 20. APPLICATION NO.2 CASE NO. 2925 David R.Saabye Application of David R.Saabye requesting a variance to install a central air conditioning unit on the premises located at 20 Rockland Avenue and known on the Tax Assessment Map of the Town of Mamaroneck as block 222, Lot 374. APPLICATION NO.3 CASE NO. 2930 Ten Grand Inc.(Music Studio) Application of Ten Grand Inc. (Music Studio of Westchester)requesting a variance to internally illuminate a sign on the premises located at 1328-1330 Boston Post Road and known on the Tax Assessment Map of the Town of Mamaroneck as block 410, Lot 463. APPLICATION NO.4 CASE NO. 2931 David Hammarley Application of David Hammarley requesting a variance to construct a one story addition in the rear and side on the premises located at 19 Campbell and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110, Lot 226. APPLICATION No.5 Case No.2932 Winged Foot Golf Club Application of Winged Foot Golf Course requesting a variance to construct a new two story and one half story employee housing building to replace and be relocated adjacent to existing employee housing building on the premises located at 851 Fenimore Road and known on the Tax Assessment Map of the Town of Mamaroneck as Block 347, Lot 1. Roll Call. Present:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus, Also Present: Ronald A, Carpaneto, Building Inspector, Lisa Hochman, Counsel, Ernest Odernia,Town Board Liaison. Absent/Excused:Jeffery King, Kevin G. Ryan, Counsel. 1 APPLICATIONS 1, 2,3,and 5 were adjourned. The Chairman stated that there are only 4 members present at this time and the applicant would need at least three votes in favor to be approved, if the applicant would like to adjourn the matter they may request to do so. APPLICATION NO.4 CASE NO.2931 David Hammarley Motion:To open the public hearing Action:Approved Moved by Frederick Baron, Seconded by Seth Marcus. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Justin Minieri the applicants architect addressed the Board, and explained the plan. Mr. Minieri stated they are proposing a one story addition relocating the kitchen to the new rear side of the house where there will be view of the side yard were the children play. The Board discussed the requested variances and determined that the gravel driveway should not be in the coverage calculations as the Board treats gravel as pervious,therefore a variance for total lot coverage is not required. A new corrected plan must be submitted to the building department. The placement of the ac units was discussed no additional variance is required. Mr. Wexler asked that the applicant screen the back yard behind the proposed addition which will soften the addition benefit the applicant. The January survey was discussed as it does not show the patio, Mr. Minieri stated it was done when there was snow on the ground and the surveyors did not see it. The applicant asked for a straw poll. There were not comments from the public. Motion:To close the public hearing Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). 2 Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Motion:To approve the requested variance Action:Approved Moved by Irene O'Neill, seconded by Arthur Wexler. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. After review, on motion of Ms. O'Neill, seconded by Mr. Wexler the following resolution was proposed and ADOPTED unanimously(4-0). Ayes: Wexler, Baron, O'Neill, Marcus Nays: None Absent/Excused: King WHEREAS, David Hammarley, requested a variance to construct a one story addition in the rear and side yard located at 19 Campbell Lane and known on the Tax Assessment Map of the Town of Mamaroneck as Block 110, Lot 226. WHEREAS,the Building Director declined to issue such permit on the grounds that the plans submitted failed to comply with the Town of Mamaroneck Zoning Ordinance with particular reference to Sections 240-38B.(3)and 240-69, WHEREAS,the applicant submitted an application for a variance to this Board for reasons set forth in such application,the addition as proposes has a rear yard of 12.5 feet+/-where 25 feet is required for a residence in an R-7.5 Zone District. WHEREAS,the Board examined the Plans, inspected the site, reviewed the application and has heard all persons interested in this application after publication of a notice thereof and a public hearing thereon. WHEREAS,this is a Type II action having no significant impact on the environment pursuant to 6NYCRR§617 et, seq. and, accordingly, no further action under SEQRA is required; and WHEREAS,the Zoning Board of the Town of Mamaroneck makes the following findings as required by New York State Town Law§267-b 1. The Board finds the benefit to the applicant from the granting of the variance outweighs any detriment to the health, safety and welfare of the neighborhood or community. In reaching this conclusion, the Board considered the following factors. 3 A. Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by granting of the variance. The Board finds that the proposed addition is harmonious in architectural style with the surrounding homes and that because there are no homes in close proximity to the addition,there will be no visual impact to the neighboring properties. B. Whether the benefit sought by the applicant can be achieved by some method feasible. The Board finds due to how the house is placed on the lot,virtually any addition would require an area variance because the rear yard is very narrow, C. Whether the area variance is substantial. The Board finds that the requested variance is substantial given the narrowness of the rear yard but it only adds 90 square feet of a one story addition;therefore, the substantiality of the encroachment into the rear yard is not determinative. D. Whether the proposed variance will have an adverse impact on the physical or environmental conditions in the neighbor. The Board finds the proposed variance will create a minimal amount of additional impervious surface and,therefore, is unlikely to generate additional stormwater runoff. In addition,the Board finds that the one-story addition does not add significant amount of mass to the house and. With appropriate screening,will not be visible from the surrounding streets. E. Whether the difficulty is self-created. The Board finds that the difficulty is self-created due to the owner's desire to expand the kitchen but was not considered to be determinative not determinative. 2. For the reasons stated above, the granting of this variance is in harmony with the general purposes and internet of the Town of Mamaroneck Zoning Ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 3. For reasons stated above,the variance is the minimum necessary to alleviate the difficulty detailed in the application yet also preserves and protects the character of the neighborhood and the health safety and welfare of the community. NOW,THEREFORE, BE IT RESOLVED, that the subject application be and the same is GRANTED, subject to the following conditions: 4 GENERAL CONDITIONS: 1. This variance is limited to the construction shown on the submitted plans as conditioned and/or modified in accordance with the direction of the Board as agreed to by the Applicant March 27, 2013 2. The Applicant shall submit plans reflecting any conditions or modifications as above for the review and approval of the Director of Building prior to the granting of the building permit. 3. The Applicant shall obtain a building permit within (6) months of the filing of the Resolution. 4. The Building permit shall be void if construction is not started within (6) months. 5. Construction shall be in compliance with the plans submitted in connection with this application, as conditioned or modified pursuant to the direction of the Board. SPECIFIC CONDITIONS: 6. For purposes of screening, applicant is to install evergreen plantings at a minimum height of 5 feet(5)feet,to be placed along the rear property line for a distance of 25 feet. This decision shall be filed with the Town Clerk as provided in Section 267-a(2) of the Town Law. MINUTES The minutes of January and February were tabled to the April meeting ADJOURNMENT Motion:To adjourn the meeting at 8:12 P.M. Action:Approved Moved by Arthur Wexler, Chairman, Seconded by Frederick Baron. Vote: Motion carried by unanimous roll call vote (summary:Yes=4). Yes:Arthur Wexler, Chairman, Frederick Baron, Irene O'Neill, Seth Marcus. Minutes prepared by 5 Francine M. Brill Zoning Board of Appeals Secretary. 6